federalism Flashcards
Federalism
a system of government in which power is divided and shared between a central government and (state, provincial, or regional) governments
Characteristics of federalism
Division of Powers
Duel Government and Citizenship
Supremacy of the Constitution
Written and Rigid Constitution
Dispute Settlement Mechanism
Bicameral Legislature
Federalism in USA
primarily defined in the U.S. Constitution.
Article I, Section 8
10th AA
Supremacy Clause (Article VI, Clause 2)
Interstate Compacts Clause (Article I, Section 10)
Article I, Section 8
Enumerated Powers of Congress-
enumerates the specific powers of Congress, the federal legislative branch.
The power to lay and collect taxes, duties, imposts, and excises.
The power to regulate commerce with foreign nations and among the states.
The power to establish post offices and post roads.
The power to declare war.
The power to raise and support armies and maintain a navy.
The power to coin money and regulate its value.
Necessary and Proper Clause (Article I, Section 8)
This clause allows Congress to exercise implied powers that are not explicitly listed in the Constitution but are deemed necessary to carry out its enumerated powers.
Tenth Amendment
reinforces the principle of federalism, reserving powers to the states unless explicitly granted to the federal government or prohibited to the states.
Supremacy Clause
(Article VI, Clause 2):
The Supremacy Clause establishes that the Constitution, federal laws, and treaties made under federal authority are the supreme law of the land. It makes clear that federal law takes precedence over state law in cases of conflict.
Interstate Compacts Clause
(Article I, Section 10):
Article I, Section 10 of the Constitution prohibits states from entering into treaties with foreign nations.
it allows states to enter into agreements or compacts with other states, subject to congressional consent. Interstate compacts often address issues that cross state lines, such as water rights or transportation.
McCulloch v. Maryland
Second Bank of the United States was established
intended to serve as the nation’s central bank.
Maryland imposed a tax on all banks not chartered by the state of Maryland
James McCulloch, a federal cashier at the Second Bank’s Baltimore branch, refused to pay the tax on behalf of the bank, leading to a legal dispute.
whether the state of Maryland had the authority to tax the federal government
ruled that the federal bank was constitutionally valid and that Maryland’s attempt to tax it was unconstitutional.
federal government possessed implied powers necessary and proper to carry out its enumerated powers
National Federation of Independent Business v. Sebelius
constitutionality of the Patient Protection and Affordable Care Act (Obamacare
individual mandate
required most Americans to obtain health insurance or pay a penalty
NFIB
challenged the constitutionality of the individual mandate
upheld the individual mandate but ruled that the Medicaid expansion provision was unconstitutional in part.
Congress had the power to levy a tax on those who chose not to buy health insurance
the Court also found that the ACA’s expansion of Medicaid was unduly coercive to the states
Canada
Constitution Act, 1867 , and the Constitution Act, 1982.
Constitution Act, 1867 Sections 91
grants powers to the federal government in areas like criminal law, defense, and trade and commerce outlines provincial powers, including property and civil rights, education, and local government.
Constitution Act, 1867 Sections 92
outlines provincial powers, including property and civil rights, education, and local government.
Constitution Act, 1867 Sections 93
deals with education and provides for denominational school rights in certain provinces.
It ensures the protection of religious and denominational schools, where they existed at the time of Confederation.
Constitution Act, 1982:
Canadian Charter of Rights and Freedoms (Part I)
has implications for federalism. It guarantees mobility rights, allowing Canadians to move and work freely in any province, and it protects minority language rights.
Constitution Act, 1982:
Amending Formula (Part V)
outlines the process for amending the Constitution. Changes related to federalism typically require the “7/50” formula, which means the approval of the federal government and at least seven provinces representing at least 50% of the Canadian population.
The Division of Powers Reference (1998):
clarified the distribution of powers between the federal and provincial governments, reaffirming the principles of federalism and the Constitution Act, 1867, as the supreme law of the land.
General Motors of Canada Ltd. v. City National Leasing
The federal government
enacted the Consumer Packaging and Labeling Act, which included provisions on the disclosure of credit terms in consumer leases.
province of Ontario enacted the Consumer Protection Act, which also regulated consumer leasing.
ruled in favor of the federal government.
clarified that the federal government had the authority to regulate aspects of consumer transactions, such as leasing, if they had a significant impact on trade and commerce
Re Secession of Quebec,1998
Quebec held a referendum on sovereignty that narrowly rejected secession
federal government asked the Supreme Court to address several key questions related to the legality of unilateral secession.
The Court ruled that unilateral secession, meaning Quebec’s attempt to secede without negotiation or agreement with the rest of Canada, was
Germany
division of powers and responsibilities between the federal government (Bund) and the 16 federal states (Länder
governed by the Basic Law for the Federal Republic of Germany (Grundgesetz), which serves as Germany’s constitution.
Constitutional Provisions
A30-83
federal states have the right to legislate insofar as this Basic Law does not confer legislative power to the federation.
Detail the legislative process, including the roles of the federal government (Bundesrat) and the federal states (Bundestag) in passing laws.
Federal Council
(Bundesrat): Article 50 establishes the Bundesrat, which represents the federal states at the federal level.
Solange I decision
Solange I was a response to the judgment of the European Court of Justice in which the ECJ ruled that EU law had primacy over national laws.
Federal Constitutional Court ruled that it would accept the supremacy of EU law as long as the EU system effectively protected fundamental rights to the same extent as the Basic Law.
Solange II
several federal states introduced school fees for higher education led to debates and legal challenges regarding their constitutionality
Federal Constitutional Court
held that education policy fell under the concurrent legislative powers of both the federal government and the federal states while the federal states had the power to regulate certain aspects of education, they must do so in a way that did not undermine the principles of federalism, equality, and access to education
